Book Review 001: Never Split the Difference - Chris Voss

Never split the difference, negotiating as if your life depends on it is a book by Chris Voss, former international hostage negotiator for the FBI. This book is written with key concepts and ideas with multiple stories to support the claims. It provides readers with a field-tested approach to high stakes negotiation that we can all use and leverage whether we are at home, at work, or working on our real estate business.

Key Ideas:

1) Be an active listener
In the beginning of the book, Chris discusses how the way we perceive negotiation may be different from fact. Although we may view negotiation as mathematical, it is one of the most emotional exercises we can go through. People have a innate need to be understood and accepted, as such we must learn to demonstrate empathy and show a sincere desire to understand the other person’s emotions and what they are going through. One mistake a lot of people make is talking too fast. If it appears that you are in a rush, people might feel as if they are not being heard and you may end up losing the trust and rapport that was built. Chris talks about three types of tone and voice that may be heard in negotiations:

- Late night DJ voice: By using the right tone and voice, you can create an aura of authority and trustworthiness without triggering defensiveness from the counterparty.
- The positive/playful voice: By using the voice of an easygoing, good-natured person you are conveying to the other party that you are positive and encouraging (“let's figure this out together”)
- The direct or assertive voice: This voice should rarely be used as it will trigger the other party's defenses.

2) Mirroring

Chris discusses an effective way to make the other party reveal secrets by using the skill of “mirroring”. Mirroring is simply revealing the last (or critical) 3 words said by the other person. It's in our human nature to fear what's different and draw closer to what we view as similar. As we insinuate similarity through mirroring, it helps facilitate bonding with the other party and also may lead to the other person revealing their strategy.

Being a good negotiator means asking probing questions to uncover more information to leverage in making the deal. It is not a process of battling or a give and take, but more a process of discovery and getting people to feel safe and secure to talk about what they really want.

3) Labeling
Labeling is a way of validating someone’s emotion by acknowledging it. Give someone’s emotion a name and you show you identify with how that person feels. It gets you close to someone without asking about external factors you know nothing about.

The first step is to sense the other party’s emotional state and understand where they may be coming from by using words such as “it seems like, it sounds like, it looks like….” Typically, the other person will give a longer answer than a simple yes or no. If they push back and don’t agree with the label, you have room to take a step back and say, “sorry, it just appeared that way” and relabel the situation. Finally, use the power of silence to listen quietly and hear the other person speak and present their emotions, as emotions will guide their behavior.

The power of labeling is that it allows the user to diffuse any negative emotions and help reinforce positive emotions. The best way to establish a working relationship is to acknowledge the negative and diffuse the situation. Remember that when you are dealing with people and their emotions, they want to be appreciated and understood, so use labels to create a bond and build rapport.

4) The 7-38-55 Percent Rule
The 7-38-55 rule created by Albert Mehrabian, states that only 7% of a message is based on words that are said, 38% based on the tone of your voice and 55% relates to our body language and facial expressions. This means we need to monitor people’s tone and body language to ensure that it agrees with the words that are being said. When you detect a mismatch, use labels to discover why there is disagreement and show the other party you are actively listening and empathizing with them.

Dubbed the “Pinocchio effect”, Harvard Business School professor Deepak Malhotra and his coauthors found that liars, on average, use more complex sentences and third-person pronouns such as them, he, she, they, than truth tellers. They are attempting to create distance between the lie and themselves and it is a good indicator when looking for clues of a mismatch between your observation of the speaker and the words that they are saying.

5) Bargaining using the the Ackerman Model
Chris discusses the use of the Ackerman model to execute a six-step offer counteroffer with the seller as show below:

  1. Set your target price (i.e. $100, with a listing price of $150)

  2. Set your first offer at 65% of your target price ($65)

  3. Calculate three raises of decreasing increments to 85, 95, and 100% ($85, $95, $100)

  4. Use lots of empathy before sharing your offer

  5. When presenting the final amount, use precise, non-round numbers like $65.80 or $85.67. It will feel more permanent to the seller and appearance that you have carefully thought of the offer.

  6. With your final number, add in a non-monetary item that the seller may not want, to show you’re at your limit.

Using this six-step process will give you opportunities to stand your ground and not be lured by the first counter-offer being made. Further it will give you opportunities to take deeper discounts when provided and use the aforementioned steps of actively listening, mirroring, and labeling to allow the seller to reveal their thoughts and strategy.

I highly recommend anyone looking to enhance their negotiation skills to pick up a copy of this book and start applying it in their daily lives whether it be a traffic ticket, upgrades at a hotel, or negotiating your salary, Never Split the Difference will give you tangible skills to apply and get more of what you want.

Good Luck!

Click below to get your own copy. See our affiliate disclosure here

Real Estate 009: 5 Tax Benefits for real estate investors

Many real estate investors and those seeking financial freedom know that the biggest "enemy" to creating long term wealth is taxes. One of the huge benefits of being a real estate investor, is that the IRS tax code is written to support business owners including those with rental real estate. As such, I want to discuss some of the tax advantages that rental real estate could bring to your portfolio. Please note that I am not a CPA nor attorney, so please talk to a professional that can assist you in your specific situation.

Top 5 Tax Benefits for real estate investors

1. Depreciation
According to the IRS, the building (not the land) portion of your real estate investment is depreciated over 27.5 years for residential buildings and 39 years for commercial buildings (as of this writing). That means on a $100K midwest single family home where the building is valued at $80K, land at $20K, you are able to off set $2,909 worth of taxable income with a depreciation loss of the same amount. As this is a "paper" loss, even though your property may be in great condition physically, you are able to take this depreciation each year starting from the year of acquisition.

Note: There is a downside to depreciation called "depreciation recapture". If you ever decide to sell your real estate property, you will have to pay taxes on any gains made on the sale. Lets look at two scenarios:

A - You (taxpayer) buys the property for $100K, and the taxpayer has taken $40K worth of depreciation over time, bringing the cost basis of the rental property to $60K at the time of sale. If the taxpayer sells the home for $70K, they realize a gain of $10K. As they have taken depreciation over the years, they are required to pay $10K worth of ordinary income taxes.

B - Same situation above, except the market is hot and taxpayer sells the home for $130K, resulting in a $70K gain on the cost basis of $60K. In this situation, $40K of the total $70K will be taxed as ordinary income (equal to the amount of depreciation taken over the years) and the remaining $30K is taxed at a lower capital gains tax rate.

One way a savvy real estate investor can avoid the depreciation recapture is to defer tax liability with a 1031 exchange.

2. 1031 Exchange
The 1031 Exchange is named after section 1031 of the IRS tax code which allows investors to defer their tax liability when selling their property for a gain. In the example B above, the investor sold the property for a $70K gain, but if they use a 1031 exchange to buy a "like-kind" asset such as a single family, multifamily, land, etc. they can roll their gains onto the newly purchased property. There are strict rules when it comes to the execution of a 1031 exchange, so please do your due diligence in researching this option.

3. Tax Breaks for Pass-through entities
If you have a pass-through entity (Sole Proprietorship, Partnerships, LLC, S-Corp), the new Tax reform (TCJA 2017) provides a 199A pass-through deduction. In a nutshell, this allows landlords of residential real estate operating in a pass through entity, to deduct 20% of net income off the top. This means, if your 10 rental properties in an LLC makes $100K net income a year, only $80K will be deemed taxable. There are exceptions, however, where the 20% deduction is capped by the greater of 50% of the taxpayer's wages, or 25% of wages + 2.5% of the unadjusted basis of qualified property held by the business. A qualified property is a rental property that is subject to depreciation and the unadjusted basis is the property's original cost without any depreciation.

4. Deductions
There is a laundry list of items that relate to your real estate business that can be deductible:
   - property taxes
   - insurance premiums
   - utilities
   - repairs and maintenance
   - commissions, property management fees, legal and professional fees
   - travel costs to visit out of state rental properties
   - mileage to visit local rental properties
   - meals
  
The key is to keep a detailed log of your expenses to ensure that it was ordinary and necessary for your real estate business. Note that this list does not factor in the perks of being a qualified real estate professional and the additional deductions they can take. However, please note that the IRS is very strict on who qualifies to be a real estate professional, so again, please do your homework.

5. Long-term Capital Gains
If you decide to sell your real estate property, you will have to pay capital gains tax on the profits of the sale. There are two types of gains: short-term and long-term. If the investment was acquired and sold within 1 year, it is deemed a short-term hold and taxed as ordinary income. If the investment was held for longer than 1 year, it is considered a long-term hold and has a more favorable tax rate.

To put this in perspective, if you have purchased a property for $100K and sold it for a $50K profit in less than a year, at a tax bracket of 28%, you would be paying close to $14K in taxes. Conversely, if you held the property for more than 1 year and made the same profit, you would pay long-term capital gains of 15% in taxes resulting in only $7.5K, a whopping $6.5K in savings. Something to keep in mind when you are considering disposing of your assets.

As always, please make sure you do your due diligence and talk to your CPA/Attorney/Financial Advisor before making any investment decision. 

Good Luck!

income tax

Real Estate 008: BRRRR method of investing

In my previous posts, I have discussed different strategies to meet your real estate investing goals. I have recently come across a method that has been popularized by Brandon Turner at BiggerPockets.com but has existed and been used by savvy real estate investors who want to start investing using little to no money down. So what is it? The BRRRR method - stands for Buy, Rehab, Rent, Refinance, and Repeat. Lets take a closer look at each step below:

1. Buy

They say you make money in real estate in three ways: 1) buy 2) sell 3) cash flow. Knowing your numbers used in your BRRRR strategy is just as important as wholesaling, flipping, or buy and hold rentals. The main focus of the BRRRR strategy is to pull out all your money (in some cases, you may be able to pull out more than what you've put in) and end up with a cash flowing property with some equity. A general rule of thumb is to look for a purchase price that is 75% of the after repair value of the property.

For example: A home that has an after repair value of $150,000 * 75% (cash out refinance) - $25,000 est. rehab costs = $87,500 maximum purchase price.

If you are able to purchase below $87,500 or perform a quality rehab for under $25,000, then you will end up with more equity/less cash out of pocket. Note that the above calculation is a simple illustration and there are usually refinancing costs involved with the lender.

2. Rehab

The rehab budget is always an area of discussion among investors for many reasons. Here are my thoughts on the dollar amount on spent rehab and value add upgrades:

  • There is a key distinction between primary residence (Owner Occupied) and rental properties (Leased). Simply put, renters may not need, nor would they pay the extra $25-50/month in rent to have all the bells and whistles that you would want for yourself. Granted, if there are two homes in a neighborhood with all things being equal and 1 has granite countertops/backsplash and the other has none, it may be more appealing and rent out faster. However, you have to decide for yourself, at what cost? For me, I am mostly focused on replacing key CapEx items with little useful life to reduce deferred maintenance as well as making the house livable and suitable for the market/neighborhood (an A class neighborhood will definitely have different upgrades than a C class neighborhood).

  • You also have to decide what value add upgrades - new kitchen/new bath/new flooring will being the most return on investment. This is a great conversation with your property manager and rehab crew as they will have the most insight into the neighborhood and experience dealing with tenants.

3. Rent

The next key step is renting out the property after it has been properly rehabbed. Whether you decide to buy and hold or sell the property as "turn-key" alternative, renting the property will help you obtain refinancing with the lender. You can advertise and rent out the property by yourself, or I would personally recommend using a property manager who typically charge 8-12% of the rental income. Their marketing efforts, tenant screening, and maintenance handling should be well worth their fees. Make sure to received referrals from active investors in the market and interview multiple property managers. Remember, a good PM can make a good deal into a solid deal, whereas a bad PM can turn a solid deal into a horrible deal.

4. Refinance

You have crunched the numbers, bought/rehabbed/rented the property, so now you are ready to refinance and pull out your cash (downpayment + rehab costs). Depending on the lender, there will be different seasoning requirements. A traditional refinance may require a 12 month period for which you will have to maintain the property then request a refinance. However, there are many portfolio lenders who have 6 month seasoning requirements or some who can start the refinance process the day after closing (zero seasoning). The lender will order their own appraiser to go to the property and draft an appraisal. 

In the example mentioned earlier, lets look at two scenarios with the same expected ARV of $150,000.

Example 1: Purchase price of $50,000 (bought distressed/foreclosed/divorce/REO) and put in $25,000 amount of repairs for an all in cost of $75,000. The bank appraises it for $140,000. You request a cash out refinance and the bank gives you $105,000 (75% of the appraised value). Now you can fully pay off the $50,000 loan and $25,000 rehab costs (if you used private financing or hard money lender) and have $30,000 in excess cash + 25% in equity.

Example 2: Purchase price of $75,000 (normal sale) and put in $20,000 worth of repairs for an all in cost of $95,000. The bank appraises it for $135,000. The bank does not allow for refinances greater than your all in cost. In this case, you will get back $95,000 to pay off the $75,000 purchase and $20,000 in rehab, and the remaining amount will be left in equity ($135-95K = $40K/135K = 30%).

5. Repeat

The above examples are cases of success stories in which you were able to cash out your initial investment and maintain equity of 25% or greater in the home. Now you will rinse and repeat the process and scale your rental portfolio!

Few thoughts on BRRRR vs. TurnKey/buying off MLS

Although I have bought my first rental property from a turnkey company, I eventually want to try the BRRRR method for a couple reasons: 

  • Ability to cash out refinance and retain equity in the home

  • Control over the type/quality/amount of rehab

  • Ability to retain your "seed" capital for other investments (typical buy will lock up 20-25% cash each time you by, thereby significantly lowering your buying power)

  • Allows for faster scaling of your rental portfolio

  • Higher return on investment (more of other people's money = higher ROI)

However, there are also a couple reasons why I do not want to jump on the BRRRR bandwagon just yet:

  • More risk is placed on the project owner overall (you are buying/rehabbing/renting/refinancing)

  • Risk of appraisal coming in lower than expected (not being able to break even)

  • Risk of rehab delays (A turnkey is already rehabbed and tenanted)

  • Longer process than buying turnkey/MLS

  • Risk of being unable to cash out refinance

    • Seasoning requirements

The BRRRR method has been a very popular method for investors to increase their return on investment as well as overall net worth due to the fact that they are leveraging other people's money and if done correctly, able to repeat the process over and over. However, if it was so easy, why doesn't everyone do it? As mentioned in the reasons above, the BRRRR takes careful planning, finding the right deals, using the right team, and comes with its own set of headaches as things can go wrong during the process. What is your strategy? I would love to hear your thoughts on BRRRR vs buying turnkey/MLS.

As always, please make sure you do your due diligence and talk to your CPA/Attorney/Financial Advisor before making any investment decision. 

Good Luck!

brrr.JPG